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2025 Supreme(Online)(KER) 7878

HIGH COURT OF KERALA
MURALEE KRISHNA S., J
M. ANANDAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SMT.T.SUDHAMANI, SMT.SEETHA S. PUBLIC PROSECUTOR

O R D E R

This revision petition is filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 , by the accused in S.C.No.251 of 2011 on the file of the Court of Sessions, Kasaragod Division. As per the judgment dated 04.10.2013 passed by the Assistant Sessions Judge, the petitioner was convicted and sentenced to undergo simple imprisonment for two years and to pay fine of Rs.1,00,000/- for the offence under Section 8 (2) of the Abkari Act . In default of payment of fine, he was directed to undergo further imprisonment for a period of three months. Challenging the conviction and sentence, the petitioner filed Crl.Appeal No.158 of 2013, wherein as per judgment dated 17.10.2014, the Additional Sessions Judge-I, Kasargod, confirmed the conviction but modified the sentence directing him to undergo simple imprisonment for one year and to pay the fine of Rs.1,00,000/- imposed by the trial court. The default sentence was maintained in the appeal judgment also. Being aggrieved, the petitioner is now before this Court with the above revision petition. For convenience, the parties are referred in this order as they were before the trial court.

2. The prosecution case is t

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